Motorist In Dui Death Takes 10 Years, No Deals

February 4, 2006|By John CotM-i Staff Writer

In the end, Daniel Rojas turned down the chance to argue for a lighter sentence on DUI manslaughter.

Rojas, who pleaded guilty in December without a deal from prosecutors on his sentence, agreed Friday to serve more than 10 1/2 years in prison for causing the Jan. 23, 2004 crash that killed Stephen McKernan, 20, of Royal Palm Beach.

Rojas' attorney, Michael Salnick, said his client could have sought less than the minimum outlined in state sentencing guidelines but told Salnick not to seek a reduction from the judge.

"Daniel made the decision that he didn't want to do that," Salnick said outside a West Palm Beach courtroom. "He was willing to accept the 10.6 years, which was the low end of the sentencing guideline range, and not put anyone through any more anguish. ... He did not want to do anything but accept his punishment."

Regardless of Rojas' decision, McKernan's mother remained wounded by the loss of her son.

"This pain is for a lifetime," Donna McKernan told Circuit Judge Richard Wennet. "It's so deep it hurts to breathe."

Donna McKernan filed a wrongful death lawsuit in December against Rojas, 29.

Wennet took the unusual step of allowing Rojas to leave the courtroom for several minutes to say goodbye to family members before he was taken into custody.

Rojas was swarmed and hugged by tearful supporters in a hallway as bailiffs looked on.

He was drunk and speeding on Okeechobee Boulevard when he ran a red light, according to police. He crashed into a Ford Escort driven by McKernan.

John CotM-i can be reached at jwcote@sun-sentinel.com or 561-228-5502.